This criminal appeal arises from the denial of a motion to suppress. Defendant Fitzpatrick was
stopped by a Zion police officer for walking down the middle of a street, a petty offense which
violates the Illinois Vehicle Code and which was also contrary to municipal ordinance. After a brief
pat-down search, Fitzpatrick was placed under arrest and, at the police station, was searched for
contraband. Cocaine was found in his sock.

Defendant was charged with possessing fewer than 15 grams of cocaine. He moved to suppress
this evidence on a theory that a full custodial arrest for a petty offense violates the search and seizure
clause of the Illinois Constitution. The motion to suppress was denied by the circuit court of Lake
County and the appellate court affirmed. In this decision, the appellate court’s judgment was
affirmed by the Illinois Supreme Court.

The defendant conceded that this issue has already been settled under the fourth amendment of
the Constitution of the United States. However, he argued that the Illinois Constitution can be
interpreted more broadly, and that an exception to the usual approach of following the United States
Constitution should apply.

In this decision, the Illinois Supreme Court rejected this argument, noting that Fitzpatrick failed
to meet his burden of establishing his claim that there is any long-standing Illinois tradition
prohibiting arrests for petty offenses. The same meaning should be given to article I, section 6, of
the Illinois Constitution as has been given to the fourth amendment of the United States Constitution.